Service Level Agreement
Service Level Agreement
This Questline Service Level Agreement (“SLA”) is a policy governing the use of Questline services (including, but not limited to, Engage) under the terms of the contract or agreement between Questline, Inc. (“Questline”, “us” or “we”) and users of Questline’s services (“you”).
This SLA applies separately to each account using Questline software and services. Unless otherwise provided herein, this SLA is subject to the terms of the Questline Customer Agreement (the “Master Service Agreement, Statement of Work, Terms and Conditions, Contract for Services, or any other contract for services with Questline”) and capitalized terms will have the meaning specified in the Questline Customer Agreement. We reserve the right to change the terms of this SLA in accordance with the Questline Customer Agreement.
2. Service Commitment
Questline will use commercially reasonable efforts to make Questline software and services available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event that Questline does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Questline software and services were unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Questline SLA exclusion (defined below).
- “Region Unavailable” and “Region Unavailability” mean that more than one availability zone in which you are running an instance, within the same region, is “Unavailable” to you.
- “Unavailable” and “Unavailability” mean:
- When Questline software and services have no external (internet) connectivity
- Questline software and services have connectivity, but are not responding or allowing normal operations
- When Questline software and services are unable to transmit communications (noting here that questline partners with third-party Email, Fax, and SMS senders)
- A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
4. Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for Questline software and services for the month in which the Unavailability occurred, in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.95% but equal to or greater than 99.0%||10%|
|Less than 99.0%||30%|
We will apply any Service Credits only against future Questline payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from Questline. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Questline Customer Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Questline software and services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Request And Payment Procedures
To receive a Service Credit, you must submit a claim by contacting your Questline Account Manager. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- The words “SLA Credit Request” in the subject line
- The dates and times of each unavailability incident that you are claiming
- The affected Questline product(s)
- Corroborating evidence (screen captures, error messages, etc.) that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks). If the monthly uptime percentage of such request is confirmed by us and is less than the service commitment, then we will issue the service credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a service credit.
6. SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Questline software and services, or any other performance issues: (i) that result from a suspension of service based on customer actions contrary to contracts or agreements with Questline; (ii) caused by factors outside of our reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of Questline software and services; (iii) that result from any actions or inactions of you or any third party, (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Questline Unavailability; (vi) that result from any routine maintenance and/or releases scheduled by Questline; or (vii) arising from our suspension and termination of your right to use Questline software and services in accordance with the Questline Customer Agreement (collectively, the “Questline SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. As part of this SLA, Questline requires that its clients not use Questline systems to store data that falls under HIPAA, FERC, or PCI requirements, including but not limited to client SSNs and financial information.